NOTIFICATION TO CLASS MEMBERS. A. Unless otherwise specified, Defendant will pay all costs related to the following notice program (subject to the Court approving the same, notice dissemination will be commenced within ninety (90) days after entry of the Preliminary Approval Order): 1. Defendant will retain a third party to obtain mailing addresses from the applicable state motor vehicle agencies’ registration databases to identify the last known addresses of all Settlement Class Members and provide the mailing addresses to the Claims Administrator. 2. The Claims Administrator or the DMV records provider will use current U.S. Postal Service software and the National Change of Address database to update the address records so that Settlement Class Members’ most recent addresses will be used to provide a Settlement Class Notice to those Settlement Class Members by a direct first-class mailing. If a Settlement Class Notice is returned to the Claims Administrator by the U.S. Postal Service because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Claims Administrator will re-send the Settlement Class Notice to the forwarding address within seven (7) days of receiving the returned Settlement Class Notice. B. Within seventy-five (75) days after entry of the Preliminary Approval Order, the Claims Administrator will be responsible for, without limitation: (a) establishing, maintaining, and administering a toll-free telephone number dedicated to the Settlement which will provide information about the Settlement and (b) establishing and maintaining a website dedicated to the Settlement which (i) will provide information about the Settlement and all relevant documents, including the Claim Form available for download; (ii) an email address for Class Members to ask the Claims Administrator questions; and (iii) will provide an online claims submission portal and instructions on how Settlement Class Members may submit their claims by U.S. Mail or via an online submission portal. The website and toll-free telephone number will remain available until all claims decisions by the Claims Administrator and payment to claimants have been made. C. Within ninety (90) days of the Preliminary Approval Order, or such longer period as may be required due to a delay in securing registration data from one or more state motor vehicle agencies, the Claims Administrator will disseminate Settlement Class Notice to the Settlement Class as specified in the Preliminary Approval Order and herein, and in compliance with all applicable laws, including, but not limited to, the Due Process Clause of the Constitution. D. All costs associated with Settlement Administration will be paid by Defendant. E. Contents of the Settlement Class Notice: The Settlement Class Notice, in a form substantially similar to the one attached to the Settlement Agreement as Exhibit “A,” will advise Class Members of the following:
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
NOTIFICATION TO CLASS MEMBERS. A. Unless otherwise specified, Defendant Class Counsel proposes Xxxxxxx Xxxxxxxxxx Xx. to be the Claims Administrator. Defendants will pay all costs related to have no involvement in the following notice program (subject to the Court approving the same, notice dissemination will be commenced within ninety (90) days after entry selection of the Preliminary Approval Order):
1. Defendant will retain a third party to obtain mailing addresses from the applicable state motor vehicle agencies’ registration databases to identify the last known addresses of all Settlement Class Members and provide the mailing addresses to the Claims Administrator.
B. The mailing or publication of the Notice shall not occur until the Court enters the Preliminary Approval Order.
C. Unless otherwise agreed by the Parties, within ten (10) days after the Preliminary Approval Order is entered, Defendants shall provide the Claims Administrator with the name, last known address, social security number, and amounts charged to and collected from each Class Member in a searchable database or other format agreed to by the parties. The Defendants shall provide the Claims Administrator with separate such lists for the Payor Sub-Class membership and the Attempt to Recover Sub-Class membership.
D. The Claims Administrator (and any person retained by the Claims Administrator) shall sign a confidentiality agreement form agreed to by Class Counsel and Defense Counsel, which shall provide that the names, addresses, and other information about specific Class Members provided either by Defendants, Class Counsel or by individual Class Members shall all be treated as confidential and shall be used by the Claims Administrator only as required by this Settlement Agreement.
E. Within fifteen (15) days after receipt of the name, last known address, and social security number of each Class Member, the Claims Administrator shall be responsible for, without limitation: (1) arranging for and disseminating the Notice to the Class Members; and (2) the creation of an Internet site dedicated to informing Class Members about the status and terms of the Settlement Agreement.
F. The Notice will be approved as to form and content by the Court and be substantially in the form attached as Exhibits C(1) and C(2), unless otherwise modified by agreement of the Parties and approved by the Court. The Claims Administrator or the DMV records provider will review Defendants’ address data, check it for valid addresses, eliminate duplications, and use current U.S. Postal Service software all reasonable and the National Change of Address database practicable methods to update the address records so that Settlement notify all Class Members’ most recent addresses .
G. If any Notices mailed to any Payor Sub-Class Member is returned as undeliverable, the Claims Administrator will be used promptly log each Notice that is returned as undeliverable and shall promptly provide copies of the log to provide a Settlement Class Notice to those Settlement Class Members by a direct first-class mailingCounsel. If a Settlement Class Notice the mailing is returned to the Claims Administrator by the U.S. Postal Service because the address of the recipient is no longer valid, and the envelope contains with a forwarding address, the Claims Administrator will re-send forward the Settlement Class Notice mailing to the forwarding address within seven (7) days of receiving the returned Settlement Class Notice.
B. Within seventy-five (75) days after entry of the Preliminary Approval Orderthat address. Upon request, the Claims Administrator will be responsible for, without limitation: (a) establishing, maintaining, and administering a toll-free telephone number dedicated shall provide Class Counsel such reasonable access to the Settlement which will notice process as they may need to monitor compliance with the Notice Plan.
H. The Claims Administrator shall also provide information about a copy of the Settlement and (b) establishing and maintaining a website dedicated Notice to anyone who requests the Notice.
I. The Claims Administrator shall provide affidavits to the Settlement which (i) will Court, with a copy of Class Counsel and Defense Counsel, attesting to the measures undertaken to provide information about the Settlement and all relevant documents, including the Claim Form available for download; (ii) an email address for notice to Class Members prior to ask the Claims Administrator questions; and (iii) will provide an online claims submission portal and instructions on how Settlement Class Members may submit their claims by U.S. Mail or via an online submission portal. The website and toll-free telephone number will remain available until all claims decisions by the Claims Administrator and payment to claimants have been madeFairness Hearing.
C. Within ninety (90) days of the Preliminary Approval Order, or such longer period as may be required due to a delay in securing registration data from one or more state motor vehicle agencies, the J. All Notice and Claims Administrator will disseminate Settlement Class Notice to the Settlement Class as specified in the Preliminary Approval Order and herein, and in compliance with all applicable laws, including, but not limited to, the Due Process Clause of the Constitution.
D. All costs associated with Settlement Administration Expenses will be paid by Defendant.
E. Contents out of the Gross Settlement Class Notice: The Settlement Class Notice, in a form substantially similar to the one attached to the Settlement Agreement as Exhibit “A,” will advise Class Members of the following:Fund.
Appears in 1 contract
Samples: Settlement Agreement
NOTIFICATION TO CLASS MEMBERS. A. Unless otherwise specified, Defendant will pay all costs related to the following notice program (subject program. Subject to the Court approving the same, notice dissemination will be commenced within ninety (90) days after entry of the Preliminary Approval Order):
1. Defendant will retain a third party to obtain mailing addresses from the applicable state motor vehicle agencies’ registration databases to identify the last known addresses of all Settlement Class Members and provide the mailing addresses to the Claims Administrator.
2. The Claims Administrator or the DMV records provider will use current U.S. Postal Service software and the National Change of Address database to update the address records so that Settlement Class Members’ most recent addresses will be used to provide a Settlement Class Notice to those Settlement Class Members by a direct first-class mailing. If a Settlement Class Notice is returned to the Claims Administrator by the U.S. Postal Service because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Claims Administrator will re-send the Settlement Class Notice to the forwarding address within seven (7) days of receiving the returned Settlement Class Notice.
B. Within seventy-five sixty (7560) days after entry of the Preliminary Approval Order, the Claims Administrator will be responsible for, without limitation: (a) establishing, maintaining, and administering a toll-free telephone number dedicated to the Settlement which will provide information about the Settlement and (b) establishing and maintaining a website dedicated to the Settlement which (i) will provide information about the Settlement and all relevant documents, including the Claim Form available for download; (ii) an email address for Class Members to ask the Claims Administrator questions; and (iii) will provide an online claims submission portal and instructions on how Settlement Class Members may submit their claims by U.S. Mail or via an online submission portal. The website and toll-free telephone number will remain available until all claims decisions by the Claims Administrator and payment to claimants have been made.
C. Within ninety (90) days of the Preliminary Approval Order, or such longer period as may be required due to a delay in securing registration data from one or more state motor vehicle agencies, agencies the Claims Administrator will disseminate Settlement Class Notice to the Settlement Class as specified in the Preliminary Approval Order and hereinOrder, and in compliance with all applicable laws, including, but not limited to, the Due Process Clause of the Constitution.
D. All costs associated with Settlement Administration will be paid by Defendant.
E. Contents of the Settlement Class Notice: The Settlement Class Notice, in a form substantially similar to the one attached to the Settlement Agreement as Exhibit “A,” will advise Class Members of the following:
Appears in 1 contract
Samples: Settlement Agreement